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STATE v. HITE

200206778; A118928.

107 P.3d 677 (2005)

198 Or. App. 1

STATE of Oregon, Respondent, v. Jason Paul HITE, Appellant.

Court of Appeals of Oregon.

Decided March 2, 2005.

Attorney(s) appearing for the Case

David E. Groom argued the cause and filed the brief for appellant.

David J. Amesbury, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and NEUFELD, Judge pro tempore.

BREWER, C.J.

Defendant appeals from convictions for unauthorized use of a vehicle, ORS 164.135, possession of a stolen vehicle, ORS 819.300, felon in possession of a firearm, ORS 166.270(1), and possession of a controlled substance, ORS 475.992(4)(b). He assigns as error the trial court's denial of his motion to suppress physical evidence, its refusal to give a less satisfactory evidence jury instruction, and its imposition of a departure sentence based on aggravating...

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